contempt or not

[jaxpink]

What is the name of your state? Texas
Mom did not give dad his last 4 hour saturday visit and the following week refused his 1st 8hour visit and left town!!! Dad of course asked his attorney to file contempt... But the question below...




Mom is now trying to give Dad extra time!
The day after his visit for 8 hours (which is two weeks after her 2 refusals), she called Dad to see if he wanted to take the girls for a couple hours that day! (Sunday)
His visits are all on saturdays.
He said sure!


Then a week later on his saturday visit she calls and says he can have them later than normal time. A little later in the day she calls again to say it would be even later.
So dad in return says well let them stay over and they end up staying over for the night. Now his court ordered visits don't start til this saturday.

Would this make a judge not hold her in contempt or would this (if its a ploy) have no authority on the contempt charges?
Would this offset Dad getting her on contempt still?

 

[seniorjudge]

Nobody knows what a judge will do.

Also, there are really not enough facts for us to decide the question.

But, if you want to be a tad more open and give us all the facts, maybe someone will hazard a guess.

 

[casa]

What is the name of your state? Texas
Mom did not give dad his last 4 hour saturday visit and the following week refused his 1st 8hour visit and left town!!! Dad of course asked his attorney to file contempt... But the question below...




Mom is now trying to give Dad extra time!
The day after his visit for 8 hours (which is two weeks after her 2 refusals), she called Dad to see if he wanted to take the girls for a couple hours that day! (Sunday)
His visits are all on saturdays.
He said sure!


Then a week later on his saturday visit she calls and says he can have them later than normal time. A little later in the day she calls again to say it would be even later.
So dad in return says well let them stay over and they end up staying over for the night. Now his court ordered visits don't start til this saturday.

Would this make a judge not hold her in contempt or would this (if its a ploy) have no authority on the contempt charges?
Would this offset Dad getting her on contempt still?

Dad has an attorney, who knows the specific facts of the case & the Court's 'mood' in his geographical area~ So, Dad should really be asking his attorney.

 

[wileybunch]

casa's right that it depends on all the circumstances and the judge's attitude about these situations.

Dad could let Mom know he's willing to be flexible with the schedule if needed when special circumstances arise, but he needs advance notice and an opportunity to make the decision as she can understand he also makes plans for time he's going to have the kids and his time w/them is important.

 

[jaxpink]

casa's right that it depends on all the circumstances and the judge's attitude about these situations.

Dad could let Mom know he's willing to be flexible with the schedule if needed when special circumstances arise, but he needs advance notice and an opportunity to make the decision as she can understand he also makes plans for time he's going to have the kids and his time w/them is important.

Thank you so much guys!!

 

[OhReally?]

Then a week later on his saturday visit she calls and says he can have them later than normal time. A little later in the day she calls again to say it would be even later.
So dad in return says well let them stay over and they end up staying over for the night. Now his court ordered visits don't start til this saturday.

Would this make a judge not hold her in contempt or would this (if its a ploy) have no authority on the contempt charges?
Would this offset Dad getting her on contempt still?

I highly suggest he writes a letter to his ex, certified with return receipt, clearly detailing her issues with being punctual (i.e. "on this date, you called at (time) and stated excuse #....").

Then have him "remind her" by clearly stating the exact language in the order regarding his parenting time and that he will be exercising his time commencing PER the order. He can also state that he won't refuse ADDITIONAL time, but he will not tolerate less time than he is ordered to have.

He should try to be civil -- but stern (I know it can be difficult). By sending this letter via certified w/return receipt, this is somewhat putting her "on notice", so if she keeps it up, that letter can be used against her as evidence.

 

[TinkerBelleLuvr]

If you send CRRR, also send one regular mail, in case the first one is NOT picked up.

 

[jaxpink]

Nobody knows what a judge will do.

Also, there are really not enough facts for us to decide the question.

But, if you want to be a tad more open and give us all the facts, maybe someone will hazard a guess.

Hey SJ,
In regards to more facts Dad was given this exact temporary order from Mom and her attorney which was a graduated plan. Dad agreed to what she wanted.
Every Saturday beginning for 2 hours for 4 consecutive weeks, then 4 hours X4 , 8hours X4and then Overnights on Sat X4.
This is all the time he had. His 4th 4 hour visit Mom refused and told the cop who called her, that she never planned to let him see the kids!
Then the following Sat was his first 8 hour visit and she again refused, but told Dad she would be leaving town and he asked her if she could tell him where and he would pick the girls up there, but again she refused.He said then the girls need to be at home with someone so I can pick them up.
So thats the facts behind the refusals. Most of her decision making was made at her boyfriends request.
The cop whom spoke to Mom that first refusal was shocked how she acted and at what she said. Also the cop stated that her boyfriend seemed to coach her on the phone and told her not to tell the cop where she(they) were.

 

[jaxpink]

If you send CRRR, also send one regular mail, in case the first one is NOT picked up.

Good Idea. I know some stuff sent was never picked up. thanks

 

[jaxpink]

I highly suggest he writes a letter to his ex, certified with return receipt, clearly detailing her issues with being punctual (i.e. "on this date, you called at (time) and stated excuse #....").

Then have him "remind her" by clearly stating the exact language in the order regarding his parenting time and that he will be exercising his time commencing PER the order. He can also state that he won't refuse ADDITIONAL time, but he will not tolerate less time than he is ordered to have.

He should try to be civil -- but stern (I know it can be difficult). By sending this letter via certified w/return receipt, this is somewhat putting her "on notice", so if she keeps it up, that letter can be used against her as evidence.

You are so right about being civil and stern. Of course its the best way to be.
Thanks

 

[jaxpink]

I also want to point out Dad does keep a small legal pad that he writes everything down. All the situations that arise so I hope this helps as well!

 

[ProSeDadinMD]

Can you remind me again how a neighbor has all this info?

 

[jaxpink]

Can you remind me again how a neighbor has all this info?

Been there and seen it all.
Even if I was a relative who is Dads neighbor it wouldn't change to a satisfying answer for you.
When you meet someone who has to fight teeth and nails for his kids you will understand one day.You have to fight the law, your X, your job, everything because you want to see your kids and you are given something to stand by and all along their hoping You are the one to screw up, but you dont.
So you wait and when the rope is handed out you pray the other person hangs themselves, after digging their own hole. You dont want a fight but you get pushed and pushed to fight.
Your own mother cant be trusted and thinks she deserves to see your kids before you, because your Dad so happened to keep you and your sister from your mom, just as now as your X is doing.
But your Mother plays the devils advocate and has no support. She sees the relationship you have with your father and that plays against you.
I think when you see someone is this position you will understand where I am coming from.

 

[casa]

I highly suggest he writes a letter to his ex, certified with return receipt, clearly detailing her issues with being punctual (i.e. "on this date, you called at (time) and stated excuse #....").

I wouldn't recommend he send anything without speaking to his attorney first. This Dad is not Pro Se. He HAS an attorney who is already advising him/handling his case.

Then have him "remind her" by clearly stating the exact language in the order regarding his parenting time and that he will be exercising his time commencing PER the order. He can also state that he won't refuse ADDITIONAL time, but he will not tolerate less time than he is ordered to have.

I don't believe the issue here is Mom's ignorance of the Order...but more Mom's refusal to abide by the Order.

He should try to be civil -- but stern (I know it can be difficult). By sending this letter via certified w/return receipt, this is somewhat putting her "on notice", so if she keeps it up, that letter can be used against her as evidence.

All the letter 'proves' as evidence is that Dad wrote a letter to Mom. Dad could write whatever he wanted in that letter & send it CCR, it doesn't necessarily mean it proves anything.

 

[casa]

Can you remind me again how a neighbor has all this info?

Right?!?! A g/f or b/f maybe...sometimes a Mom/Sister, etc. But a NEIGHBOR?